STAND. COM. REP. NO. iq’ii
Honolulu, Hawaii
APR 05 , 2023
RE: H.R. No. 114
H.D. 1
Honorable Scott K. Saiki
Speaker, House of Representatives
Thirty—Second State Legislature
Regular Session of 2023
State of Hawaii
Sir:
Your Committee on Judiciary & Hawaiian Affairs, to which was
referred H.R. No. 114 entitled:
“HOUSE RESOLUTION URGING THE ESTABLISHMENT OF A NATIVE
HAWAIIAN INTELLECTUAL PROPERTY WORKING GROUP TO DISCUSS
POLICIES AND LEGISLATION WITH RESPECT TO NATIVE HAWAIIAN
INTELLECTUAL PROPERTY,”
begs leave to report as follows:
The purpose of this measure is to urge for the establishment
of a Native Hawaiian Intellectual Property Working Group to
discuss policies and legislation with respect to Native Hawaiian
Intellectual Property.
Your Committee received testimony in support of this measure
from the Office of Hawaiian Affairs, the Department of Business,
Economic Development and Tourism (DBEDT), Kahuli Leo Le’a, Maui
Council of the Association of Hawaiian Civic Clubs, Hydroponics
Alternatives LLC, and fifteen individuals.
Your Committee finds that the laws of the State recognize the
traditional customary rights of Native Hawaiians but do not
expressly recognize and protect the collective intellectual
property rights of the Native Hawaiian peoples, thus necessitating
the establishment of a Native Hawaiian Intellectual Property
Working Group.
HR114 HD1 HSCR JHA
 STAND. COM. REP. NO.
Page 2
Your Committee has amended this measure by:
(1)Incorporating the suggested amendment of numerous
testifiers to add following items beginning on page 2, line
31:
(A) WHEREAS, on October 3-5, 2003, the Paoakalani
Declaration was compiled at the Native Hawaiian
Intellectual Property Rights Conference to express
Native Hawaiians’ “collective right of self-
determination to perpetuate our culture under threat of
theft and commercialization of the traditional knowledge
of Kanaka Maoli, our wahi pana and nã mea Hawai’i.”
(B) WHEREAS, on August 21-22, 2021, the international
coalition of kumu hula, Huamakahikina, convened to form
and ratify the Huamakahikina Declaration on the
Integrity, Stewardship, and Protection of Hula which
states “There is insufficient protection for Kanaka
Maoli culture and knowledge maintained, and embodied by,
Hula. This includes infringement of the intellectual
property rights to which Kumu Hula are entitled with
respect to the Hula resources they steward and create.”
(2) Incorporating the suggested amendment of numerous
testifiers to add the following item beginning on page 3,
line 29:
(A) BE IT FURTHER RESOLVED, that the members of the
Native Hawaiian Intellectual Property Working Group and
the named organizations and entities will have the
authority to include additional Native Hawaiian
organizations and entities through consensus at their
discretion.
As affirmed by the record of votes of the members of your
Committee on Judiciary & Hawaiian Affairs that is attached to this
report, your Committee concurs with the intent and purpose of H.R.
No. 114, as amended herein, and recommends its adoption in the
form attached hereto as H.R. No. 114, H.D. 1.
Respectfully submitted on
behalf of the members of the
HR114 HD1 HSCR JHA
 STAND. COM. REP. NO.
Page 3
Committee on Judiciary &
Hawaiian Affairs,
~rct/~
DAVI A. ARNAS, Chair
&
HR114 HD1 HSCR JHA
 State of Hawaii
House of Representatives
The Thirty-second Legislature
~ ~
vrr~
Record of Votes of the Committee on Judiciary & Hawaiian Affairs
BillfResolution No.: Committee Referral: Date:
HR I~4 J141\ 3/31 I~O13
D The committee is reconsidering its previous decision on the measure.
The recommendation is to: Q Pass, unamended (as is) Pass, with amendments (HD) C Hold
C Pass short form bill with HD to recommit for future public hearing (recommit)
JHA Members Ayes Ayes (WR) Nays Excused
1. TARNAS, David A. (C)
2. TAKAYAMA, Gregg (VC)
3. GANADEN, Sonny
4. HOLT, Daniel
5. HASHIMOTO, Troy N.
6. ICHIYAMA, Linda
7. ILAGAN, Greggor 1/
8. KONG, Sam Satoru
9. MIZUNO, John M.
10. SOUZA, Kanani
TOTAL (10) 7 3
The recommendation is: ,jN,’ Adopted ~ Not Adopted
If joint referral, did not support recommendation.
committee acronym(s)
Vice Chair’s or designee’s signature:
Distribution: Original (White) Conmiittee
— Duplicate (Yellow) — Chief Clerk’s Office Duplicate (Pink) — HIvISO